Former mayor gets 3 months of house arrest, 3 years probation for conduct toward 3 women

Filner completed a stunning fall from grace Monday when a judge sentenced him to three months of home confinement and three years of probation, closing the criminal probe into the inappropriate sexual behavior toward women that ended his brief stint as San Diego’s 35th mayor. His legal woes will continue as he and the city still face a civil lawsuit from a former aide.

The sentencing by Superior Court Judge Robert Trentacosta came after Filner pleaded guilty in October to one felony charge of false imprisonment and two misdemeanor charges of battery. The former 10-term congressman will also have to continue mental health treatment, surrender a portion of his pension and be prohibited from seeking or holding public office until he finishes probation.

The original plea agreement announced by prosecutors said Filner could never hold public office again.

Filner, who earlier had defiantly proclaimed his innocence of sexual harassment allegations and accused a political lynch mob of orchestrating his ouster, appeared rested, contrite and in good spirits at Monday’s hearing. He showed none the cantankerous and combative attitude he frequently exhibited during his short run as mayor and throughout the headline-making scandal that rocked San Diego’s political world over the summer.

“I want to apologize to my family who have stood by me through this ordeal, to my loyal staff and supporters, to the citizens of San Diego and, most sincerely, to the women who I have hurt and offended,” Filner told the court. “To all of you I make the same promise that I made to my family, to earn back your trust and my integrity no matter how long it takes and what I have to do.”

Deputy Attorney General Melissa Mandel said Filner violated his oath of office by committing criminal assaults against three women within six months of becoming mayor. The women accused Filner of restraining, kissing and touching them without their consent in separate incidents at public events.

“Filner demeaned his victims. He humiliated them. He scared them. He embarrassed them. He sexualized and devalued them. And he did all of this with the power and influence of the public office he held,” Mandel said.

The judge deviated only slightly from the terms of the plea deal that Filner struck with prosecutors so the biggest revelations of the day came from documents submitted by his lawyers, friends and family to help his cause.

A memo from defense lawyer Jerry Coughlan said that Filner was on a “course of psychiatric counseling and medications” when he returned to San Diego after decades in Washington to run for mayor last year. The treatment had been prescribed by congressional doctors “to help stabilize his mood and safeguard his mental health.”

Coughlan said that “the sudden disruption in his medications, coupled with long-standing issues of anxiety and the stress of assuming a new, intensely political, executive position” substantially contributed to the aggressive, bullying, mercurial conduct that led to Filner’s resignation. While the memo provides some details on Filner’s mental state, it makes clear he accepts responsibility for his conduct.

One of his doctors wrote that Filner is “finding healthier ways to satisfy his needs much more in line with his nonviolence and social progressive values.” Coughlan said Filner attends two counseling sessions per week and meets monthly with a psychiatrist who says Filner is clinically stable with an excellent prognosis.

A report from a probation officer included letters of support from his two ex-wives, son and former fiancee Bronwyn Ingram among others. Filner’s first wife, Barbara, said in the past few months Filner “has shown an impressive ability to understand the situation from other points of view and to adapt and change his behavior to reflect the new understanding.”

Filner said the letters submitted on his behalf show the progress he’s made.

“Certainly the behaviors before this court today will never be repeated,” Filner said. “And I am confident that I will come out of this a better person and I look forward to making further contributions to the city I love.”

Filner, 71, had been dogged by rumors of inappropriate behavior toward women for years, but it took three political allies coming forward July 11 on behalf of several unidentified women to bring about his downfall. The trio, including former City Councilwoman Donna Frye, said they represented numerous women who had been sexually harassed by the mayor and asked Filner to resign to spare his accusers from being “twice victimized” by forcing them to go public with specific details.

Filner responded to the initial allegations with a vague apology and then challenged the women to come forward with their claims. That led to a parade of women going public with accusations in the following weeks.

In all, nearly 20 women — from a Navy rear admiral to a university dean — stepped forward to share their stories of Filner’s unwanted advances that included slobbery kisses, groping and rude comments. Some of the accusations were particularly devastating for Filner, who built his career on being a champion for society’s underdogs and a stubborn advocate for military veterans. For example, he allegedly made unwanted advances on victims of military sexual assault at a fundraiser for their cause.

One of Filner’s female accusers, political consultant Laura Fink, said Monday she trusts that prosecutors got the best deal they could and hopes that Filner will change.

“My hope for him is that he becomes accountable for his behavior and I hope that we’ll all see that,” Fink said. “ … My hope is that San Diego can move forward. My hope is the victims can move forward. We have a mayoral election coming up in a couple of months. We have a chance to start over.”

The first accuser to publicly identify herself as one of Filner’s victims was Irene McCormack Jackson, who served as Filner’s communications director from January to June. She filed a lawsuit against Filner and the city for sexual harassment and accused Filner of creating a hostile work environment that treated women as “sexual objects or stupid idiots.” Specifically, she said Filner made unwanted sexual advances and derogatory comments, such as suggesting she should work without her panties on.

Pressure on Filner to resign continued to build for weeks as he offered multiple apologies while simultaneously saying he never sexually harassed anyone. He entered two weeks of intensive therapy at an undisclosed clinic to change his behavior. A signature-gathering effort to recall him from office began. The City Council unanimously called for his ouster.

In the end it appears the mounting legal costs stemming from the McCormack Jackson lawsuit and criminal probes are what finally led Filner to agree to resign Aug. 30. Under an agreement approved by the City Council, the city promised to provide a joint legal defense in the sexual harassment lawsuit and pay $98,000 for Filner’s attorney fees. The city has complete control over decisions on settlements of any claims.

Attorney Gloria Allred, who represents McCormack Jackson, said her client continues to suffer emotional distress as a result of Filner’s actions and plans to proceed with her lawsuit. McCormack Jackson still works for the city but has been on unpaid leave since Oct. 3, according to the City Attorney's Office..

“Probation for three years and confinement to his house for three months sounds ominous but let’s not ignore the fact that he will not have to spend one day in jail or prison,” Allred said Monday outside the courthouse with McCormack Jackson by her side. “He misused his power and position to take advantage of women in order to fulfill his sexual needs. In so doing he brought shame and scandal upon himself and caused a stain on the reputation of the great city of San Diego. He deserved to go to prison.”

Coughlan, Filner’s lawyer, said he plans to ask the court in 18 months to reduce his felony conviction to a misdemeanor and have the terms of his probation become less restrictive. This is a common request for felons who fulfill their probation requirements and maintain good behavior although there’s no guarantee it would happen. If the request is granted, Filner could then later petition to have the misdemeanor expunged from his record.

Filner’s resignation led to a Nov. 19 special election to replace him. City Council members Kevin Faulconer and David Alvarez finished in the top two spots and will compete in a February runoff. Council President Todd Gloria is serving as interim mayor in the meantime.